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otw_news2011-09-02 08:27 am
francescacoppa.livejournal.com) wrote in otw_news2011-09-02 08:27 am
Fan Art is Coming! Fan Art Is Coming!
In preparation for hosting fanart on the AO3 (that is, you will soon be able to upload art directly to our servers and not just link it from elsewhere), we are revising the official Terms of Service and our FAQ!
As always, we actively seek and very much appreciate feedback on all archive policies. The coding for fanart is still underway, and there is time to make changes, so if there's anything in this draft that concerns you, please let us know.
Here are the proposed additions to the FAQ:
* When can I use pictures I have made on the archive?
The basic rule is that a fanwork based on an existing work should be transformative. Transformation means adding something new, in meaning or message, to the original. We consider that fanart, like fan fiction, is generally transformative. Please remember that the ratings and warnings policies apply to images.
You can also use pictures you've made to complement a fanwork--so, if you are illustrating a story, you can use illustrations of the setting, the original characters, or anything else that fits with the story, as long as you otherwise follow the content policy.
We do not allow sexually explicit photos of minors, nor images manipulated so that they look like sexually explicit photos of minors (even if the manipulation is obvious). This is necessary for us to comply with US law, which has special rules for photographs and video of human beings under age 18. In addition, under Section IV.H of the Terms of Service, we may remove content, including photos or drawings, when we determine that it is necessary to resolve a threatened or pending lawsuit. We will not screen or ban images for offensiveness.
* When can I use existing (nonmanipulated) pictures in my fanworks on the archive?
The basic rule is that a fanwork should be transformative. Transformation means adding something new, in meaning or message, to the original. Existing works, including pictures, can be part of a transformative work. Please remember that the ratings and warnings policies apply to images.
When you're using an existing picture, commentary and critique are particularly favored kinds of transformativeness. A use that highlights the way that framing, angle, or other pictorial elements affect the pictures’ meaning; a use that draws attention to the roles of different people in the pictures; and a use that contrasts different pictures are all examples of potential transformation. Humor can also be transformative: unlikely subtitles may change the meaning of the picture substantially. Commentary can be explicit or implicit, as when it’s done by pointed contrasts between images, where the use of a picture recontextualizes it and gives it new meaning.
The number of pictures should be appropriate to the purpose: if you’re illustrating the relationship of a character’s costumes to her story arc, then you are likely to need more pictures than if you merely want to introduce the character so your audience knows what s/he looks like.
Where possible, credit or attribution to the original source of your image is also helpful.
We have drawn on the American University Center for Social Media’s Code of Best Practices in Fair Use for Online Video in our discussion here. You may find a full copy of the code here http://www.centerforsocialmedia.org/fair-use/related-materials/codes/code-best-practices-fair-use-online-video if you want to see more detailed discussion and examples, though they are focused on video.
* When can I use pictures in my skins on the archive?
We generally consider skins containing pictures to be fanworks, so please follow the guidelines in the sections above. In addition, since skins are created by individual users, the OTW does not endorse particular skins in any way. We do screen public skins for technical compliance, to limit the proliferation of public skins in order to keep the public skins feature usable for other people, and for obvious violations of the content policy, but it's the user's responsibility to make sure a skin complies.
You can use pictures you've made for skins, even if they aren't fanworks, as long as you otherwise follow the content policy--e.g., you can use a picture of the view from your window.
You can put attributions for images in your skins into a comment like this:
/* This image comes from SOURCE and is used here for INSERT TRANSFORMATIVE PURPOSE */
header { background: url(http://url/of/image.jpg); }
Here is the current text in the Terms of Service about user icons, which are the only artworks currently on the archive:
J. User Icons
User icons should be appropriate for general audiences. They should not contain depictions of genital nudity or explicit sexual activity. For more information, please refer to the ToS FAQ.
Here is the proposed new text of the Terms of Service for our new expanded set of artwork:
J. Images
A. User icons
User icons should be appropriate for general audiences. They should not contain depictions of genital nudity or explicit sexual activity. For more information, please refer to the ToS FAQ.
B. Other images
Other images are subject to the general content policy, including the ratings and warnings policy. No sexually explicit photographs of minors (people under age 18) or sexually explicit photomanipulations that appear to be pictures of minors (people under age 18) are allowed. For more information, please refer to the ToS FAQ.
Relatedly, we propose to delete the last paragraph of Section IV.D, which currently reads:
Please note that the first version of the Archive will only host text and user icons. Future policies will focus on other media.
Mirrored from an original post on the OTW Blog.
As always, we actively seek and very much appreciate feedback on all archive policies. The coding for fanart is still underway, and there is time to make changes, so if there's anything in this draft that concerns you, please let us know.
Here are the proposed additions to the FAQ:
* When can I use pictures I have made on the archive?
The basic rule is that a fanwork based on an existing work should be transformative. Transformation means adding something new, in meaning or message, to the original. We consider that fanart, like fan fiction, is generally transformative. Please remember that the ratings and warnings policies apply to images.
You can also use pictures you've made to complement a fanwork--so, if you are illustrating a story, you can use illustrations of the setting, the original characters, or anything else that fits with the story, as long as you otherwise follow the content policy.
We do not allow sexually explicit photos of minors, nor images manipulated so that they look like sexually explicit photos of minors (even if the manipulation is obvious). This is necessary for us to comply with US law, which has special rules for photographs and video of human beings under age 18. In addition, under Section IV.H of the Terms of Service, we may remove content, including photos or drawings, when we determine that it is necessary to resolve a threatened or pending lawsuit. We will not screen or ban images for offensiveness.
* When can I use existing (nonmanipulated) pictures in my fanworks on the archive?
The basic rule is that a fanwork should be transformative. Transformation means adding something new, in meaning or message, to the original. Existing works, including pictures, can be part of a transformative work. Please remember that the ratings and warnings policies apply to images.
When you're using an existing picture, commentary and critique are particularly favored kinds of transformativeness. A use that highlights the way that framing, angle, or other pictorial elements affect the pictures’ meaning; a use that draws attention to the roles of different people in the pictures; and a use that contrasts different pictures are all examples of potential transformation. Humor can also be transformative: unlikely subtitles may change the meaning of the picture substantially. Commentary can be explicit or implicit, as when it’s done by pointed contrasts between images, where the use of a picture recontextualizes it and gives it new meaning.
The number of pictures should be appropriate to the purpose: if you’re illustrating the relationship of a character’s costumes to her story arc, then you are likely to need more pictures than if you merely want to introduce the character so your audience knows what s/he looks like.
Where possible, credit or attribution to the original source of your image is also helpful.
We have drawn on the American University Center for Social Media’s Code of Best Practices in Fair Use for Online Video in our discussion here. You may find a full copy of the code here http://www.centerforsocialmedia.org/fair-use/related-materials/codes/code-best-practices-fair-use-online-video if you want to see more detailed discussion and examples, though they are focused on video.
* When can I use pictures in my skins on the archive?
We generally consider skins containing pictures to be fanworks, so please follow the guidelines in the sections above. In addition, since skins are created by individual users, the OTW does not endorse particular skins in any way. We do screen public skins for technical compliance, to limit the proliferation of public skins in order to keep the public skins feature usable for other people, and for obvious violations of the content policy, but it's the user's responsibility to make sure a skin complies.
You can use pictures you've made for skins, even if they aren't fanworks, as long as you otherwise follow the content policy--e.g., you can use a picture of the view from your window.
You can put attributions for images in your skins into a comment like this:
/* This image comes from SOURCE and is used here for INSERT TRANSFORMATIVE PURPOSE */
header { background: url(http://url/of/image.jpg); }
Here is the current text in the Terms of Service about user icons, which are the only artworks currently on the archive:
J. User Icons
User icons should be appropriate for general audiences. They should not contain depictions of genital nudity or explicit sexual activity. For more information, please refer to the ToS FAQ.
Here is the proposed new text of the Terms of Service for our new expanded set of artwork:
J. Images
A. User icons
User icons should be appropriate for general audiences. They should not contain depictions of genital nudity or explicit sexual activity. For more information, please refer to the ToS FAQ.
B. Other images
Other images are subject to the general content policy, including the ratings and warnings policy. No sexually explicit photographs of minors (people under age 18) or sexually explicit photomanipulations that appear to be pictures of minors (people under age 18) are allowed. For more information, please refer to the ToS FAQ.
Relatedly, we propose to delete the last paragraph of Section IV.D, which currently reads:
Please note that the first version of the Archive will only host text and user icons. Future policies will focus on other media.
Mirrored from an original post on the OTW Blog.
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Next though...are there any specific rules in mind to cover an AO3 user uploading other people's art (created as an illustration for a particular work of fanfiction or some other form of a gift)? Clearly the rules regarding underaged characters and sexual explicitness still remain, but...who has the ultimate say over gift art as far as the archive is concerned?
Say, for example, that an author chooses to make her fiction and the accompanying art public, but the artist prefers that their art be viewed only by other AO3 users. On a private website, this probably wouldn't be much of a potential issue, but on a large archive, the artist's attitude might be different.
Would AO3's policy be to intervene in conflicts of that nature (taking the side of the artist as a matter of course), or would the policy be to let the author and artist "duke it out" between themselves?
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(IANAL. IAN an OTW representative. Just someone who's been researching the legal aspects since Strikethrough.)
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Perhaps it would be an idea for the archive's ToS or FAQ to not just state that only photographic images are prohibited, but also explicitly describe why non-photographic sexually explicit images of minors are allowed on the site? I think a detailed explanation of the legal background in and outside of the US would be very relevant for a lot of people, especially non-US users.
And apart from the legal stuff, a well-worded statement about why sexually explicit images of completely fictional characters should be considered okay may be a pretty meaningful thing to include. That message can't be repeated often enough, with all the various lawsuits and other uproars about this topic that have taken place in several countries over the past couple of years. Another word or two about this from an organization like the OTW would be really good to have. I remember the topic coming up in a few OTW news posts a while ago, but I don't remember seeing any sort of linkable OTW statement about 'fictional' children anywhere. Apologies if there is and I'm missing it somehow.
And perhaps part of me does feel that sexually explicit images of fictional minors need a bit more explanation/justification (ack, can't think of a better word) than fic. Images are more eye-catching than text, and someone who manages to blunder past the warnings and come across a sexually explicit image of a minor character might be offended more quickly than if it were a text. But that might be just fussing about a non-problem. My main thought here is, maybe this is a good occasion for the OTW to make an unambiguous statement about why sexually explicit images of fictional minors should not be illegal?
Oh, and I'm so very happy that I'll be able to include art with my fic. Yay AO3 <3<3<3
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This is where I read the bill:
http://www.law.cornell.edu/uscode/18/1466A.html
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So then, here's what I understand (as far as US law goes). For images, as long as it's not obscene and the minor being put in the sexually explicit situation is not real or based on a real person, then it's legal. For writing, again, as long as it's not obscene then it's fine, it just has to be clearly labeled as "Explicit" and "Underage".
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